Karlsruhe Federal Supreme Court2024.01.04. // News
Invalid so far, it was common that the landlord sets within the framework of a so-called color option clause in which color Windows and doors in the Interior must be painted in a variety of rental leases with color selection clause. The Karlsruhe Federal Supreme Court (BGH) has explained this approach now to be unlawful and thus strengthened the rights of tenants. The real estate site myimmo.de reports about the details. Rent an apartment is the one that a legal lease without signing the other questionable clauses. Often, landlords in the context of unlawful clauses try to impose illegal duties and responsibilities to their tenants.
The Federal Supreme Court in Karlsruhe has now conceded such a clause. The plaintiff was a Berlin landlady, who wanted to assert in court that their tenant in the framework of the usual cosmetic repairs during the rental period in white strokes all door leaves and frames and sash and frames. After the tenant’s refusal, the landlady decided their Enforce legal opinion before the Court to make. The action path covered by the official, the District Court to the BGH. In each instance, the applicant failed.
Color choice clauses are thus not right in tenancy agreements. The German tenants Association welcomed the decision of the BGH. It was decisive for the judgment that the colour of doors and window frames, nor the type of wallpaper can be prescribed to the tenant.
